DATO' MOEHAMAD IZAT BIN ACHMAD HABECHI EMIR 1. ) FERUDDIN EMIR BIN MOEHAMAD IZAT EMIR 2. ) Effendi Amir Bin Moehamad Izat (Nod 17.2.25) 3. ) EMIR EQUITY REFRIGERATIONS SDN BHD

DATO' MOEHAMAD IZAT BIN ACHMAD HABECHI EMIR 1. ) FERUDDIN EMIR BIN MOEHAMAD IZAT EMIR 2. ) Effendi Amir Bin Moehamad Izat (Nod 17.2.25) 3. ) EMIR EQUITY REFRIGERATIONS SDN BHD

The application was dismissed because the applicant failed to specify documents with sufficient particularity, failed to show the documents were in the possession custody or power of the targeted parties or non-parties and failed to demonstrate necessity for fair disposal or cost-saving; the request was overly broad and constituted a fishing expedition, third parties were not properly served or sworn, and the court therefore refused the Order and awarded costs to the respondent.

Citation
WA-22NCvC-247-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff (main) / Defendant (cross Claim): DATO’ MOEHAMAD IZAT BIN ACHMAD HABECHI EMIR; Defendant 1 (main) / Plaintiff (cross Claim): FERUDDIN EMIR BIN MOEHAMAD IZAT EMIR; Defendant 2 (main): EFFENDI EMIR BIN MOEHAMAD IZAT; Defendant 3 (main) / Defendant (cross Claim): EMIR EQUITY REFRIGERATIONS SDN BHD; Defendant (cross Claim): ASSILA EMIR BINTI MOEHAMAD IZAT EMIR; Defendant (cross Claim): LOKE WENG KIT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 May 2025
Case Number
WA-22NCvC-247-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Discovery Application / Interlocutory Application (order 24 Disclosure)
Outcome
Application dismissed
Legal Topics
Discovery, Production of Documents, Inspection, Shareholder Dispute, Declaration, Costs
Source Language
Malay/English
Civil Procedure Company Law Trusts and Fiduciary Duties Evidence Discovery Production of Documents Inspection Shareholder Dispute +2 more

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Parties

DATO’ MOEHAMAD IZAT BIN ACHMAD HABECHI EMIR

Plaintiff (main) / Defendant (cross Claim)

FERUDDIN EMIR BIN MOEHAMAD IZAT EMIR

Defendant 1 (main) / Plaintiff (cross Claim)

EFFENDI EMIR BIN MOEHAMAD IZAT

Defendant 2 (main)

EMIR EQUITY REFRIGERATIONS SDN BHD

Defendant 3 (main) / Defendant (cross Claim)

ASSILA EMIR BINTI MOEHAMAD IZAT EMIR

Defendant (cross Claim)

LOKE WENG KIT

Defendant (cross Claim)

Procedural Posture

Civil Discovery Application / Interlocutory Application (order 24 Disclosure)

Legal Issues

  1. 1 Whether the documents sought were specified sufficiently for an Order 24 discovery application
  2. 2 Whether the documents sought were relevant to issues in dispute
  3. 3 Whether the documents were or had been in the possession custody or power of the parties or third parties

Ratio Decidendi

The application was dismissed because the applicant failed to specify documents with sufficient particularity, failed to show the documents were in the possession custody or power of the targeted parties or non-parties and failed to demonstrate necessity for fair disposal or cost-saving; the request was overly broad and constituted a fishing expedition, third parties were not properly served or sworn, and the court therefore refused the Order and awarded costs to the respondent.

Court Disposition

Application dismissed

Orders

  • Application in Encl.78 dismissed
  • Costs of RM5,000.00 to be paid immediately by Defendant 1 (Feruddin Emir bin Moehamad Izat Emir) to Plaintiff (Dato’ Moehamad Izat bin Achmad Habechi Emir)